Apply for certificate of seclusion according to the Condominium Act

Contact the lower building supervisory authorities of your district, your independent city, your large independent city or municipality with building supervisory powers.

• You must prove that you are either the owner or heritable building right holder of the apartments for which a certificate of seclusion is requested. Alternatively, you must provide credible evidence of your legitimate interest (e.g., purchaser).
• Condominiums are deemed to be self-contained if
  • it is structurally separated from other apartments or rooms, for example by walls and ceilings, and
  • has its own lockable access directly from the outside, from a staircase or an anteroom; the access may not lead via another separate property or via a neighboring property without real security.
• A self-contained apartment or self-contained rooms not used for residential purposes may include additional lockable rooms outside the respective enclosure (for example, storage rooms in the basement).
• Parking spaces as well as parts of the property outside the building (such as terraces and garden areas), on which separate ownership is also to be established, must be clearly defined by dimension specifications in the construction drawing / partition plan.

• Forms/ online services available: No
• Written form required: depends on state law
• Informal application possible: Yes
• Personal appearance required: No

• Application for a certificate of seclusion,
• construction drawing / partition plan (site plan, floor plans, sections and views),
  • In the case of a written application, the construction drawing / partition plan must be enclosed in duplicate, legible and to scale and must not exceed DIN A3 format.
  • In the case of electronic application, the construction drawing / partition plan must be submitted as an electronic document printable in A3 format.
  • The construction drawing / partition plan must be an as-built drawing for existing buildings.
• Proof of ownership (current excerpt from the land register, purchase contract if applicable, current excerpt from the commercial register if applicable),
• current excerpt from the official real estate map

According to state law, a fee may be charged for the issuance of the certificate of seclusion.

• You fill out the application and submit it to the relevant building authority together with the required documents.
• The building authority will check your application and the documents.
• If all requirements are met, the building authority will issue you a certificate of seclusion together with a copy of the construction drawing / partition plan.

• none

• not specified

• § 7 Absatz 4 Satz 1 Nummer 2 Wohnungseigentumsgesetz (WEG)
• § 32 Absatz 1, Absatz 2 Satz 2 Nummer 2 Wohnungseigentumsgesetz (WEG)
• Allgemeine Verwaltungsvorschrift für die Ausstellung von Bescheinigungen nach dem Wohnungseigentumsgesetz (AVA)

• administrative court action (the certificate of seclusion is not an administrative act)

The text was automatically translated based on the German content.